Patent Types

• Patents are filed as one of three types: utility, plant and design. Utility patents are the most common and include useful processes and machines. Plant patents refer to asexually reproducing plants, and design patents are for ornamental fabric designs.
  
  

Filing Fees

• Fees include filing, search, examination and post-allowance (only if patent is issued) charges (see Resources for a complete Fee Schedule, current as of September 2009). Total fees are $2,600 for utility patents, $1,910 for plant patents and $1,320 for design patents. Small entities, defined as "an independent inventor, a small business concern or a nonprofit organization" are entitled to a 50 percent discount on fees.
  
  

Maintenance Fees

• Fees must be paid to maintain utility and plant protection over the term of the patent. These fees are $980 after 3.5 years, $2,480 after 7.5 years and $4,110 after 10.5 years (see Resources). The 50 percent small-entity discount still applies.
  
  

Application

• Applicants can register online with the USPTO as eFilers (see Resources for this link). Information regarding the applicant and the invention are entered, and the application is submitted for review.
  
  

Protection Duration

• Utility and plant patents provide about 20 years of protection from the application date. Design patents provide 14 years of protection from the issue date.